Agenda

Thursday, March 29

10:30 a.m.

Registration and Refreshments

11:15 a.m. - 12:30 p.m.

The New Normal of Community Banking: Key Ingredients to Survive and Thrive

This panel will discuss the changing world for thrift institutions and community banks following the enactment of the Dodd-Frank Act. The topics to be covered will include choice of charter and structure options, the new regulatory structure and its impact, corporate governance and risk management for new business activities and expansions proposals, and the proper response to supervisory actions.

• Paul M. Aguggia, Kilpatrick Townsend & Stockton LLP, Washington, DC
• Robert L. Davis, Executive Vice President, Corporate Counsel, and Corporate Secretary,First Financial Holdings, Charleston, SC
• Paul S. Pilecki, Kilpatrick Townsend & Stockton LLP, Washington, DC (coordinator)
• Scott M. Polakoff, Executive Managing Director, FinPro, Inc., Liberty Corner, NJ

12:30 p.m. - 1:00 p.m.

Lunch

1:00 p.m. - 1:50 p.m.

Robert J. Johnson, Jr., General Counsel, Corporate Secretary and Chief Governance Officer, BB&T

Introduction by: Joseph A. Smith, Jr., Poyner Spruill LLP

Bob Johnson joined BB&T's Legal Department in 2005. He became General Counsel on September 1, 2010, after serving as BB&T's Deputy General Counsel and Manager of the Corporate Securities, Tax Practice Group. As BB&T's General Counsel, Johnson manages a team of over 70 attorneys and legal professionals with several satellite offices throughout the company's footprint. He received his bachelor's degree from Miami University, Ohio and his J.D. from The Ohio State University Moritz College of Law.

1:50 p.m. - 2:00 p.m.

Break

2:00 p.m. - 3:30 p.m.

Dodd-Frank Act Regulatory Implementation

The panel will discuss the status of the implementation of the Dodd-Frank Act by the federal banking agencies and the FSOC, with particular focus on Titles I and II, the Volcker Rule, and derivatives. Within Title I, the panel will discuss financial stability and systemic risk, including the designation of systemically important nonbank financial companies, and the regime for enhanced prudential supervision for bank holding companies and nonbank financial companies. In Title II, the focus will be the Orderly Liquidation Authority, its coverage, process, and exempt entities. Within section 619, the Volcker Rule, the panel will discuss restrictions on proprietary trading and private equity investments/covered funds. The recordkeeping, reporting, and compliance requirements associated with the rule will also be examined. Finally, the panel will explore Dodd-Frank's treatment of derivatives.

• Scott A. Cammarn, Cadwalader, Wickersham & Taft LLP, Charlotte
• A. Patrick Doyle, Arnold & Porter, LLP, Washington, DC (coordinator and moderator)
• John L. Douglas, Davis Polk & Wardwell LLP, Washington, DC
• Dominic A. Labitsky, Legal Division, Federal Reserve Board, Washington, DC
• Daniel R. Waldman, Arnold & Porter, LLP, Washington, DC

3:30 p.m. - 3:45 p.m.

Break

3:45 p.m. - 5:00 p.m.

Session Four

The Keys to Capital in 2012: "Capital is King"

"Capital is King" that was the rule before the global financial crisis and it has taken on significantly more meaning in the aftermath. This panel will begin with a discussion of the building blocks of capital – what constitutes good capital, how it is measured under Dodd-Frank and Basel III, and what has changed from the prior regulatory capital regime. The panelists will then discuss the old and new challenges associated with capital generation and balance sheet management, as well as the impact of the new capital rules on TRUPS and other capital instruments, securitizations, and products that may require more capital to be held against them.

• Edwin S. del Hierro, Kirkland & Ellis LLP, Chicago
• Carol A. Hitselberger, Mayer Brown LLP, Charlotte
• Charles M. Horn, Morrison & Foerster LLP, Washington, DC
• Karol K. Sparks, Barack Ferrazzano Kirschbaum & Nagelberg LLP, Chicago (coordinator)

5:00 p.m. - 6:00 p.m.

Reception (Sponsored by The Clearing House)

This opportunity to mix and mingle with the participants, including program speakers and the law students who produced the North Carolina Banking Institute Journal is always a highlight of the Banking Institute.

The Clearing House is the oldest banking association and payments company in the U.S., having been established in 1853. It is owned by the world's largest commercial banks. The Clearing House Payments Company provides payment, clearing, and settlement services to its member banks and other financial institutions, clearing almost $2 trillion daily and representing nearly half of the automated-clearing-house, funds-transfer, and check-image payments made in the United States. The Clearing House Association, LLC is a nonpartisan advocacy organization representing the interests of its owner banks on a variety of important banking issues. We are grateful to The Clearing House for its generous support of this reception and of our New York Lecture Series.

6:00 p.m. - 6:45 p.m.

2012 Banking Institute Annual Dinner**

This is a separately ticketed event, but it is included without additional charge for all speakers, students, those attending as corporate sponsors, or on other special admission rates. Please consider attending to spend more time meeting and talking with colleagues and to hear the after-dinner remarks.

The Inaugural George and Susan Beischer Address: Jeffrey M. Lacker, President, Federal Reserve Bank of Richmond

Introduction by: Jacob "Jake" A. Lutz III, Troutman Sanders LLP, Richmond

Jeffrey Lacker became the President of the Federal Reserve Bank of Richmond on August 1, 2004. He received his bachelor's degree in economics from Franklin and Marshall College and a Ph.D. in economics from the University of Wisconsin. He has worked at Wharton Econometrics in Philadelphia and as an assistant professor of economics at the Krannert School of Management at Purdue University. Lacker joined the Federal Reserve Bank of Richmond in 1989 as an economist in the banking area of the Research Department. He was named research officer in 1994, vice president in 1996, and senior vice president and director of the Research Department in 1999.

**In the Beischer Challenge George and Sue Beischer agreed to match up to $1 million of gifts and pledges to the Center for Banking and Finance. The gift was completed in 2011 and celebrated at the William Horn Battle Society Dinner on April 15, 2011. In honor of this transformative gift to the Center, its board of advisors voted to name the after-dinner address at the annual Banking Institute in honor of the Beischers. We mourn George's death in September 2011, and are pleased that the Beischer Address will be an annual opportunity to remember George and to thank the Beischers for their generosity.

Friday, March 30

7:45 a.m. - 8:15 a.m.

Continental Breakfast

8:30 a.m. - 9:30 a.m.

The Consumer Financial Protection Bureau

This panel will explore the newest federal financial regulatory agency, the Consumer Financial Protection Bureau. The panel will discuss the CFPB's rulemakings, preemption, and the roles of the CFPB and state attorneys general in enforcement activities.

• Reginald J. Brown, WilmerHale, Washington, DC
• Roy A. Cooper III, Attorney General of North Carolina, Raleigh
• Leonard J. Kennedy, General Counsel, Consumer Financial Protection Bureau, Washington, DC
• Jacob A. Lutz III, Troutman Sanders LLP, Richmond (coordinator)
• Kenneth L. Miller, Deputy General Counsel, Bank of America Corporation, Charlotte
• Edward P. O'Keefe, General Counsel, Bank of America Corporation, Charlotte (coordinator)
• Ashley L. Taylor, Jr., Troutman Sanders LLP, Washington, DC and Richmond

9:45 a.m. - 10:00 a.m.

Break

10:00 a.m. - 11:15 a.m.

The Donald F. Clifford, Jr. Distinguished Lecture on Consumer Law:

Threats to Federal Safety Net Benefits in Bank Accounts*

Margot Freeman Saunders, Of Counsel, National Consumer Law Center

Introduction by: John Charles Boger, Dean, UNC School of Law

Margot Saunders is "of counsel" to the National Consumer Law Center, after serving as Managing Attorney of the Center's Washington office from 1991 to 2005. She has testified before Congress on dozens of occasions regarding a wide range of consumer law matters, including predatory lending, payments law, electronic commerce, and other financial credit issues. She is a graduate of UNC School of Law and was one of Professor Clifford's students.

*The Clifford Distinguished Lecture on Consumer Law was established by the UNC School of Law and friends following Professor Clifford's death. Donald Clifford was the Aubrey L. Brooks Professor and served as a faculty member of Carolina Law from 1964 to 2004, specializing in commercial and consumer law. He founded the law school's very successful Festival of Legal Learning and served as a member of the Board of Advisors for the Center for Banking and Finance.

11:15 a.m. - 12:30 p.m.

Dirt for Debt and Other Catastrophes for Commercial Lenders

The panel will discuss problems facing bankers and lawyers in workouts and restructurings now and those that are likely to arise in the future.

• Joel T. Brighton, Managing Counsel, Commercial Workout Section, Law Department, Wells Fargo Corporation, Charlotte
• J. Thomas Dunn, Jr. , retired (Moore & Van Allen, PLLC), Charlotte
• Leonard H. Gilbert, Holland & Knight LLP, Tampa (coordinator)
• Stephen E. Gruendel, Moore & Van Allen, PLLC, Charlotte
• William J. Nolan, Senior Managing Director, FTI Consulting, Charlotte
• Edwin E. Smith, Bingham McCutchen LLP, New York and Boston

12:30 p.m. - 2:30 p.m.

Center for Banking and Finance Board of Advisors Luncheon Meeting

Questions?

If you have any questions, contact the Office of CLE at 919.962.1679 or unclawcle@unc.edu.